A Senate Committee is inquiring into the Fair Work Amendment (Pay Protection) Bill 2017 which was introduced into Parliament earlier this year by the Greens.

Ai Group has made a submission expressing opposition to the Bill given the uncertainty that it would create and the loss of flexibility that would result for employers and employees. The BOOT already provides a great deal of protection to employees.

The Bill would amend the FW Act to:

• Require that where an enterprise agreement applies to an award-covered employee, the ‘full rate of pay’ payable to the employee under the agreement must not be less than the full rate of pay payable to the employee under the relevant award. The ‘full rate of pay’ is defined in the FW Act to include penalties, loadings, allowances and any other separately identifiable amount.
• Require that where an enterprise agreement applies to an award-free casual employee, the casual loading payable to an employer under the enterprise agreement must not be less than the casual loading payable to the employee under the national minimum wage order.
• Extend the above requirements to enterprise agreements regardless of whether they were made before, on or after the commencement of the proposed amendment.

If you would like assistance in applying rates of pay, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.
Alternatively, if you would like detailed assistance in negotiating enterprise agreements and applying the BOOT, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.